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Bombay High Court Allows Appeal by Non-Party Neighbour in Balcony Construction Dispute — Leave Granted as Aggrieved Person Under Order 43 Rule 1A CPC. The court held that a non-party can appeal if aggrieved and applies for leave, relying on Province of Bombay v. Western India Automobile Association.

The case involves an appeal filed by Kiran Ramesh Kothari, a neighbour of the plaintiff in a suit, against an order protecting a balcony construction....

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Bombay High Court Dismisses Petition Challenging Monitoring Committee's Order in Mukesh Mills Redevelopment Case — CRZ-II Zoning and Development Control Regulations Apply to Textile Mill Land.

The petitioners, M/s TCI Industries Ltd and its Executive Director, owned a large property in Colaba, Mumbai, known as Mukesh Mills, a former cotton t...

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Bombay High Court Upholds Contempt Reference Against Defendants for Willful Disobedience of Court Orders in Small Causes Suit. Failure to Furnish Particulars Despite Repeated Directions Constitutes Civil Contempt Under Section 2(b) of the Contempt of Courts Act, 1971.

This case involves a reference made by the Small Causes Judge, Mumbai, to the Bombay High Court under Section 15 of the Contempt of Courts Act, 1971, ...

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Bombay High Court Acquits Accused in Dacoity Case Due to Lack of Identification and Recovery. Conviction under Sections 395, 397, 457, 380, 342, 427 IPC set aside as prosecution failed to prove identity of accused and recovery of stolen articles.

The appellant, Polisha Ganpat Pawar, was convicted by the Vth Additional Sessions Judge, Nashik on April 12, 2002 in Sessions Case No.175 of 2001 for ...

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Bombay High Court Dismisses Appeal Against Notice to Show Cause in Execution of Consent Decree — Order 21 Rule 22 CPC Notice Upheld as Procedural Step Not Final Adjudication.

The case arises from an appeal filed by Dr. Amir Fidahusain and others against an order dated 12th June, 2006 passed by a learned single Judge of the ...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — No Patent Illegality Found. Arbitrator's Interpretation of Contractual Clauses Held Plausible and Not Open to Interference.

The petitioner, Jawaharlal Nehru Port Trust, challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, before the B...

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Bombay High Court Dismisses Appeal by Municipal Corporation in Land Acquisition Compensation Case — Upholds Reference Court's Award of Rs.5 Lakh for Sewerage Treatment Plant Land. Claimants' Restricted Claim Due to Financial Constraints Does Not Bar Higher Compensation if Justified by Potential Value.

The Deputy Director Town Planning of Amravati Municipal Corporation appealed against the judgment of the Reference Court in L.A.C. No.215/2003, which ...